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Beckman Coulter’s removal application to be heard with ‘Access’ trade mark appeal
Intellectual Property 2021-02-12 5:16 pm By Spencer Fowler Steen

US biotech company Gen-Probe’s bid for the removal of rival Beckman Coulter’s ‘Access’ trade marks will be heard alongside its appeal of a ruling from the Trade Marks Office denying the company’s bid to expand its ‘Open Access’ trade mark to Australia.

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Judge questions whether novel PFAS class action should go to Full Court
Class Actions 2021-02-12 3:16 pm By Spencer Fowler Steen

A judge has raised the possibility of referring a class action against the Morrison government for allegedly contaminating Indigenous land with toxic firefighting foam to the Full Federal Court due to novel questions the case raises about whether damages can be recovered for cultural loss.

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Privilege doesn’t apply to loss report for mediation in Gladstone class action
Class Actions 2021-02-12 2:44 pm By Miklos Bolza

The lead applicants in a $100 million class action against Gladstone Ports Corporation have lost their bid to shield an expert loss report from being revealed in an upcoming mediation.

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Kimberly-Clark agrees to pay $200,000 penalty in flushable wipes case
ACCC 2021-02-12 1:41 pm By Miklos Bolza

US consumer goods giant Kimberly-Clark has agreed to pay $200,000 for misleading ‘Made in Australia’ representations made on its ‘flushable’ wipes.

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High Court grants special leave in backpacker tax case
High Court 2021-02-12 12:53 pm By Cat Fredenburgh

The High Court has granted special leave to a British citizen who is locked in a dispute with the Australian Taxation Office over a 15 per cent ‘backpacker tax’ imposed on holders of Australian working holiday visas.

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Judge concerned about law firm’s legal costs in $44.5M Woolworths class action settlement
Class Actions 2021-02-12 12:24 pm By Miklos Bolza

A judge has raised questions about an estimated $13.6 million in legal costs to be sought in an upcoming approval hearing on a $44.5 million settlement reached in a shareholder class action against Woolworths.

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Commonwealth Bank won’t defend ASIC case over $2.9M in overcharged interest
Financial Services 2021-02-12 12:14 pm By Spencer Fowler Steen

Proceedings launched by ASIC in December accusing the Commonwealth Bank of Australia of saddling consumers with $2.9 million in inflated interest rates on their business overdraft accounts on more than 12,000 occasions will move swiftly to a penalties hearing.

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With High Court leave, Arrium class action plaintiffs may get second chance to grill ex-director
Restructuring & Insolvency 2021-02-11 10:44 pm By Christine Caulfield

Two shareholders of failed Arrium Group have secured leave from the High Court to challenge a ruling that nixed their planned examination of a former director to bolster a class action over the collapse of the steel producer.

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High Court to weigh in on $26.3M Lexapro patent judgment
High Court 2021-02-11 10:43 pm By Cat Fredenburgh

The High Court will decide whether the Full Court was wrong to overturn a $26.3 million judgment for Danish drug maker H Lundbeck in its long-running patent battle with generic drug maker Sandoz over the patent for blockbuster antidepressant Lexapro.

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Vagisil maker wins appeal to halt European rival’s trade mark
Intellectual Property 2021-02-11 3:40 pm By Spencer Fowler Steen

The maker of Vagisil feminine hygiene products has successfully overturned a ruling that denied its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.

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